Legal Opinion

Dunbar Housing Authority v. Nesmith

West Virginia Supreme Court

Decided December 14, 1990No. 19605PublishedCited by 4 opinions

1Opinion of the Court

MILLER, Justice:

In this appeal, Dunbar Housing Authority (DHA) complains of a ruling of the Circuit Court of Kanawha County, which dismissed its suit to evict Virginia Nesmith, a tenant. The circuit court ruled that be cause DHA had accepted rent on behalf of Ms. Nesmith after giving notice of intent to evict, it had waived the claimed breach of the lease and was precluded from maintaining the eviction proceedings as a matter of law. We disagree.

I

DHA operates a federally subsidized housing project in Kanawha County pursuant to provisions of Title 24 of the Code of Federal Regulations…

2Cases cited19 opinions

  1. Jefpaul Garage Corp. v. Presbyterian HospitalNew York Court of Appeals · 1984
  2. Riverside Development Co. v. RitchieIdaho Supreme Court · 1982
  3. Hukill v. MyersWest Virginia Supreme Court · 1892
  4. First Union Management, Inc. v. SlackCourt of Appeals of Washington · 1984
  5. Fredeking v. GrimmettWest Virginia Supreme Court · 1955

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3Cited by4 opinions

  1. Olympus Hills Shopping Center, Ltd. v. Smith's Food & Drug Centers, Inc.Court of Appeals of Utah · 1994
  2. Greene Avenue Associates v. CardwellCivil Court of the City of New York · 2002
  3. Sablan Enterprises Inc. v. New Century, Inc.Supreme Court of The Commonwealth of The Northern Mariana Islands · 1997
  4. Summit Community Bank, Inc. v. Southeastern Land, LLCDistrict Court, S.D. West Virginia · 2020

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